By Coleman                                            H.B. No. 2286
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to treatment of chemically dependent persons.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subdivision (10), Section 462.001, Health and
    1-5  Safety Code, is amended to read as follows:
    1-6              (10)  "Treatment facility" means a public or private
    1-7  hospital, a detoxification facility, a primary care facility, an
    1-8  intensive care facility, a long-term care facility, an outpatient
    1-9  care facility, a community mental health center, a health
   1-10  maintenance organization, a recovery center, a halfway house, an
   1-11  ambulatory care facility, another facility that is required to be
   1-12  licensed and approved by the commission, <or> a facility licensed
   1-13  <or operated> by the Texas Department of Mental Health and Mental
   1-14  Retardation, or a facility operated by the Texas Department of
   1-15  Mental Health and Mental Retardation which has been designated by
   1-16  the commission to provide emergency or nonemergency treatment or
   1-17  rehabilitation.  The term does not include an educational program
   1-18  for intoxicated drivers or the individual office of a private,
   1-19  licensed health care practitioner who personally renders private
   1-20  individual or group services within the scope of the practitioner's
   1-21  license and in the practitioner's office.
   1-22        SECTION 2.  Section 462.021, Health and Safety Code, is
   1-23  amended to read as follows:
    2-1        Sec. 462.021.  Voluntary Admission of Adult.  A facility may
    2-2  admit an adult who requests admission for emergency or nonemergency
    2-3  treatment or rehabilitation if:
    2-4              (1)  the facility is:
    2-5                    (A)  a treatment facility licensed by the
    2-6  commission to provide the necessary services; <or>
    2-7                    (B)  a facility licensed <or operated> by the
    2-8  Texas Department of Mental Health and Mental Retardation; or
    2-9                    (C)  a facility operated by the Texas Department
   2-10  of Mental Health and Mental Retardation which has been designated
   2-11  by the commission to provide emergency or nonemergency treatment or
   2-12  rehabilitation; and
   2-13              (2)  the admission is appropriate under the facility's
   2-14  admission policies.
   2-15        SECTION 3.  Subsection (a), Section 462.022, Health and
   2-16  Safety Code, is amended to read as follows:
   2-17        (a)  A facility may admit a minor for treatment and
   2-18  rehabilitation if:
   2-19              (1)  the facility is:
   2-20                    (A)  a treatment facility licensed by the
   2-21  commission to provide the necessary services to minors; <or>
   2-22                    (B)  a facility licensed <or operated> by the
   2-23  Texas Department of Mental Health and Mental Retardation; or
   2-24                    (C)  a facility operated by the Texas Department
   2-25  of Mental Health and Mental Retardation which has been designated
    3-1  by the commission to provide emergency or nonemergency treatment or
    3-2  rehabilitation;
    3-3              (2)  the admission is appropriate under the facility's
    3-4  admission policies; and
    3-5              (3)  the admission is requested by:
    3-6                    (A)  a parent or other person authorized to
    3-7  consent to medical treatment of a minor under Section 35.01, Family
    3-8  Code; or
    3-9                    (B)  the minor, without parental consent, under
   3-10  Section 35.03, Family Code.
   3-11        SECTION 4.  The importance of this legislation and the
   3-12  crowded condition of the calendars in both houses create an
   3-13  emergency and an imperative public necessity that the
   3-14  constitutional rule requiring bills to be read on three several
   3-15  days in each house be suspended, and this rule is hereby suspended,
   3-16  and that this Act take effect and be in force from and after its
   3-17  passage, and it is so enacted.